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,v\i  e i: 


(No.  100 — Second  Series — 3000] 


Indian  Rights  Association, 

995  Drexel  Building,  Philadelphia,  Pa. 

November  15,  1915. 

THE  MEANING  OF  THE  UTE  “WAR.” 

BY  M.  K.  SNIFFEN, 

Secretary  Indian  Rights  Association. 

History  has  repeated  itself  many  times  in  Indian  Affairs, 
and  the  recent  trouble  with  the  non-reservation  Utes,  in 
Utah,  is  merely  one  of  those  incidents  that  were  so  common 
in  the  early  days  of  this  country. 

In  order  that  we  might  learn  what  really  was  behind  that 
incident,  and  what  actually  happened  in  that  inaccessible 
region,  while  visiting  some  Indian  reservations  I took  a 
horseback  trip,  last  September,  from  Cortez,  Colorado,  to 
Bluff  and  vicinity  in  the  State  of  Utah. 

I found  that  there  were  two  distinct  elements  among 
these  Utes;  two  small  groups,  under  the  leadership  of  Polk 
and  Posey  (both  of  whom  are  reputed,  generally,  to  be  law- 
less and  defiant),  with  no  settled  homes,  but  usually  camping 
near  Bluff,  and  a much  larger  number  of  industrious  Indians 
living  on  the  public  domain  in  Allen  Canyon  and  on  the 
Montezuma  Creek.  In  the  trouble  that  was  developed, 
however,  there  was  no  discrimination  between  the  good  and 
the  bad — all  were  regarded  in  the  same  light,  as  a nuisance 
(or  a hindrance)  to  the  white  man. 

The  principal  character  in  this  affair  was  the  son  of  Polk, 
Tse-Ne-Gat  (or  Everett  Hatch,  as  he  is  usually  called), 
a Ute  Indian  accused  of  murdering  a Mexican  sheepherder. 
This  matter  was  fully  exploited  in  the  newspapers  last 
spring,  when  it  was  made  to  appear  that  all  the  Utes  in  that 
section  were  on  the  war-path,  “armed  to  the  teeth,”  and 
prepared  to  resist  any  effort  of  the  authorities  to  arrest 
Hatch.  In  view  of  this  “dangerous”  state  of  affairs,  and 
the  alleged  inability  of  the  United  States  marshal  to  get 


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Hatch,  a posse  was  organized  in  Colorado  and  sent  to  Bluff, 
Utah,  near  where  the  Indian  wanted  was  supposed  to  be. 
According  to  the  best  information  I could  obtain  from 
people  in  position  to  know  about  two-thirds  of  this  posse 
was  composed  of  the  “rough-neck”  and  “tin-horn”  class, 
to  whom  shooting  an  Indian  would  be  real  sport!  Prob- 
ably twenty-five  of  these  eminent  citizens,  fully  armed  with 
everything  but  a warrant,  attacked  those  Utes  who  were 
camped  near  Bluff  one  morning  about  daybreak. 

That  the  Indians  were  not  spoiling  for  a fight,  or  even  pre- 
pared for  it,  is  evident  from  the  fact  that  they  did  not  take 
the  precaution  to  guard  their  camp,  and  they  were  there- 
fore easily  surprised.  Indeed,  I was  informed  that  some  of 
them  were  unarmed,  their  guns  being  in  pawn.  The  posse 
took  positions  on  both  sides  of  the  hills  overlooking  the 
Indians’  camp,  in  the  wash  near  Bluff,  and  fired  a volley  into 
the  tents.  Naturally,  the  Indians  were  aroused,  and  think- 
ing they  were  going  to  be  killed,  they  tried  to  escape. 
Polk  and  his  son,  with  several  other  Indians,  sought  a 
sheltered  spot  and  returned  the  fire.  Meanwhile,  Posey, 
hearing  the  shooting,  came  up  from  his  camp,  a mile  or  so 
below,  as  his  son  was  visiting  the  Bluff  contingent.  In  the 
brief  battle  an  Indian  child  was  shot  through  the  legs,  one 
Indian  who  was  seeking  shelter  was  killed,  and  a member 
of  the  posse  was  also  killed.  And  the  attempt  to  arrest 
Hatch  ingloriously  failed. 

Later,  Mancos  Jim,  at  the  urgent  request  of  the  whites 
at  Bluff,  visited  the  camp  of  the  Indians  and  induced  the 
men  to  surrender.  As  they  were  coming  towards  the  town' 
Polk  and  Posey  and  a few  of  their  followers  escaped. 
Several  of  the  Indians  were  made  prisoners  and  confined  in 
a second-story  room  over  the  Zion  Co-operative  Store  at 
Bluff.  They  were  shackled  hand  and  foot  and  armed 
guards  placed  in  charge  of  them.  After  the  posseman  was 
killed  his  friends  were  eager  to  “shoot  anything  that  looked 
like  an  Indian”;  and  it  was  not  strange  to  learn  that 
one  of  the  prisoners  who  “attempted  to  escape”  by  jump- 


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ing  from  the  second-story  window  was  shot  to  death. 
The  prisoners  were  securely  ironed  and  incapable  of  doing 
serious  harm  to  the  armed  guards,  who  were  fully  prepared 
for  any  emergency.  It  is  claimed  by  one  of  the  prisoners, 
after  his  release,  that  the  guards  indulged  in  the  “gentle” 
pastime  of  holding  guns  to  their  heads  and  against  their 
bodies,  at  the  same  time  threatening  to  shoot.  In  view  of 
these  circumstances,  it  would  seem  that  the  killing  of  the 
prisoner  was  a deliberate  act  of  vengeance,  and  wholly  un- 
necessary, since  he  could  readily  have  been  restrained 
by  physical  force. 

The  rest  of  the  “dangerous”  Indians  were  driven  from 
the  vicinity  of  Bluff,  and  started  up  the  San  Juan  river  for 
the  Navajo  reservation.  Bluff  was  strongly  guarded  by  the 
posse,  but  no  protection  was  arranged  for  the  traders  and 
the  Government  farmer,  with  their  families,  on  whom  these 
Indians  were  turned  loose.  A warning  was  not  even  sent 
them.  What  happened?  Tho.se  so-called  dangerous 
Indians  stopped  at  the  traders’  stores,  bought  some  sup- 
plies, and  camped  among  or  near  the  Navajos,  and  no  one 
was  disturbed ! 

After  the  bungling  attempt  to  arrest  Hatch,  the  posse 
camped  at  Bluff  and  merely  “marked  time.”  General 
Hugh  L.  Scott,  of  the  United  States  Army,  was  sent  by  the 
Government  to  handle  the  situation.  Incidentally,  the 
first  thing  he  did  was  to  disband  the  po.sse.  Then  he  went 
out  to  the  few  belligerent  Indians  and  had  no  trouble  in 
inducing  them  to  surrender,  in  spite  of  the  fact  that  one 
of  the  Mormons  at  Bluff  said  he  “would  have  been  willing 
to  bet  a thousand  dollars  that  Scott  could  not  bring  those 
Indians  in.” 

Subsequently,  Hatch  was  tried  in  the  Federal  Court  at 
Denver  on  the  charge  of  murder.  The  case  of  the  Govern- 
ment was  so  weak,  and  the  argument  of  the  defense  so  con- 
vincing, that  it  took  the  jury  less  than  five  minutes  to 
return  a verdict  of  “not  guilty.”  The  evidence  against 
Hatch  was  insufficient,  in  the  first  place,  and  had  there  been 


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no  other  motive  behind  this  efifort,  opportunities  were  not 
lacking  when  he  could  have  been  arrested  in  Bluff.  But 
the  case  against  Hatch  was  only  a pretext  for  something 
else.  One  of  the  Mormons  declared  that  “when  they 
get  Hatch,  they  will  take  all  the  other  Indians  away  from 
this  part  of  Utah.” 

For  many  years,  one  hundred  or  more  Indians  made  their 
homes  in  Allen  Canyon  and  on  the  Montezuma  Creek 
(on  the  public  domain)  in  San  Juan  County,  Utah.  They 
were  industrious,  peaceable  and  self-supporting,  and  a 
number  of  them  had  built  permanent  homes,  had  fenced 
fields,  and  were  making  good  progress.  That  part  of  Allen 
Canyon  where  Mancos  Jim  and  his  band  lived  is  now 
included  in  a National  Forest  Reserve.  He  has  a certifi- 
cate stating  that  “the  Forest  Service  has  set  aside  the  allot- 
ment for  the  said  Mancos  Jim  and  his  little  band  of  Indians, 
and  all  trespassers  will  be  dealt  with  according  to  law.” 

As  soon  as  the  posse  arrived  in  Bluff  the  cattlemen  rode 
among  these  industrious  Indians  in  Allen  Canyon  and  along 
Montezuma  Creek,  and  by  threats  and  intimidating  methods 
so  frightened  them  that  they  fled  for  their  lives,  as  they 
believed. 

As  has  been  stated,  there  was  also  a lawless  element  of 
the  Utes,  several  small  bands  of  them,  without  permanent 
homes,  who  “drifted”  up  and  down  along  the  San  Juan 
River,  and  undoubtedly  caused  trouble  among  the  Indians 
and  whites.  Had  they  been  taken  in  hand,  it  would  have 
been  well  for  all  concerned.  Even  now  steps  should  be 
taken  by  the  authorities  to  bring  that  element  under  law 
and  discipline. 

The  principal  industry  in  San  Juan  County,  Utah,  in 
which  Bluff  is  situated,  is  the  stock  business.  The  herds 
and  flocks  of  the  white  men  had  been  steadily  increasing, 
and  the  question  of  range  was  bothering  them.  Conse- 
quently, they  wanted  to  get  the  Indians  off  the  public 
domain  and  have  undisputed  possession  of  the  range. 
The  Hatch  incident  afforded  just  the  opportunity  they  were 


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looking  for.  It  was  then  discovered  how  “dangerous” 
the  Utes  were;  they  must  be  “returned”  to  their  reserva- 
tion. While  they  are  registered  on  the  Ute  Mountain 
reservation,  in  Colorado,  as  a matter  of  fact,  most  of  the 
Indians  concerned  were  born  and  raised  in  the  sections 
where  they  had  "been  living. 

It  should  also  be  noted  that  a law  was  enacted  by  Con- 
gress in  1884  to  encourage  Indians  to  leave  the  reserva- 
tion and  settle  on  the  public  domain;  and  that  under  the 
fourth  section  of  the  Severalty  Act  of  1887,  they  could  be 
protected  in  their  holdings.  These  Indians  had  done  the 
very  thing  that  Congress  had  sought  to  encourage,  namely, 
to  maintain  themselves  off  the  reservation,  and  their  rights 
should  be  protected  in  every  possible  way.  In  the  face  of 
these  facts,  it  is  extraordinary  that  an  official  of  the  Indian 
Service,  located  in  Utah,  took  the  ground  that  these 
Indians  ought  to  be  put  on  the  reservation  and  forced  to 
stay  there  if  it  took  troops  to  accomplish  that  result! 

The  Ute  Mountain  reservation,  to  which  these  Indians 
nominally  belong,  is  a tract  of  480,000  acres  (in  south- 
western Colorado),  but  not  more  than  10,000  acres  of  it  is 
capable  of  irrigation,  if  water  could  be  secured.  At  the 
present  time  there  is  on  more  water  than  is  needed  for  the 
Indians  who  are  permanently  located  on  the  reservation, 
and  if  any  additional  number  were  put  there  it  would 
work  a great  hardship  on  all  of  them.  These  non-reserva- 
tion Utes  were  “making  good,”  and  they  certainly  should 
not  be  forced  to  go  on  a reservation  unless  they  could  be 
given  something  at  least  as  good  as  that  which  they  are 
asked  to  give  up.  To  forcibly  remove  them  now  would 
mean  to  sweep  away  all  the  progress  they  have  made  in 
industry,  self-support,  and  self-respect,  to  say  nothing  of 
the  discouragement  incident  to  making  another  start  under 
adverse  circumstances.  In  fact,  they  could  not  make  a 
living  on  the  reservation  under  present  conditions;  they 
would  have  to  be  put  on  a ration  basis;  reduced  from  a pro- 
gressive, independent  element  to  an  absolutely  dependent 
class — certainly  a distinct  backward  step. 


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At  the  present  time  these  industrious  Utes  are  camped  on 
or  near  the  extension  of  the  Navajo  reservation,  in  south- 
eastern Utah.  Many  of  them,  in  their  hurried  leaving, 
had  to  abandon  their  stock  and  other  possessions.  One 
of  them  told  me  how  he  had  developed  his  home  on  Monte- 
zuma Creek;  the  way  he  was  ordered  away  by  armed  cow- 
boys, the  loss  of  his  stock,  etc.,  and  his  desire  to  go  back  to 
it.  He  said,  “Washington  no  savvy;  no  talk.  If  Wash- 
ington talk,  ‘You  go  back,’  I say  ‘all  right;  give  me  paper; 
I go  back.’  Me  have  good  ranch;  nice  place.  Now,  no 
home,  no  land,  no  water.  Navaho  Springs  no  good.’’  He 
is  only  one  of  a number.  This  progressive  element  is  now 
at  a standstill,  waiting  to  see  what  the  Government  intends 
to  do  on  their  behalf.  They  contend  that  the  Navaho 
Springs  reservation  is  “no  good,  no  wood,  no  water.’’  And 
they  are  right;  I visited  the  reservation.  At  present  they 
hav'e  nothing  to  do  but  draw  rations  twice  a month.  If 
some  steps  are  not  soon  taken  to  change  their  status  trouble 
is  likely  to  develop.  It  is  not  a good  plan  to  have  a hundred 
or  more  Indians  “sit  down,  every  day  all  same  Sunday.’’ 
Furthermore,  it  is  not  just  to  the  Navajos;  their  range  is 
limited,  and  bringing  on  additional  stock  will  not  improve 
conditions. 

In  line  with  the  effort  to  driv'e  out  all  the  Utes  from  San 
Juan  County,  at  the  time  of  my  visit  the  cattlemen  were 
riding  around  among  a number  of  Navajo  families  living 
on  the  public  domain,  along  the  San  Juan  River,  ordering 
them  to  “get  out.’’  These  Navajos  also  have  been 
located  there  for  generations;  they  are  industrious  and 
self-supporting,  and  their  rights  also  should  be  respected. 

It  is  interesting  to  note  that  seven  years  ago  Mr.  Levi 
Chubbuck,  then  an  inspector  of  the  Interior  Department, 
was  sent  to  investigate  “complaints  made  by  the  whites 
against  Indians  in  San  Juan  County,  LTah.’’  His  report, 
submitted  under  date  of  August  22,  1908,  contained  recom- 
mendations which,  had  they  been  properly  acted  upon, 


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might  have  afforded  protection  for  these  non-reservation 
Utes.  But  nothing  was  done. 

In  Mr.  Chubbuck’s  report  the  opinion  is  expressed  that 
“the  trouble  between  the  whites  and  the  Indians  arose 
largely  from  a desire  on  the  part  of  the  whites  to  acquire 
more  grazing  land  as  their  flocks  and  herds  increased.” 

According  to  this  report,  among  those  who  made  com- 
plaints against  the  Indians  were  “the  three  white  men  most 
vitally  interested  in  the  grazing  privilege  of  the  district  in 
dispute.” 

Mr.  Chubbuck  further  states;  “The  white  complainants 
were  surprised  to  learn  that  under  the  land  laws  of  the 
UnitjCd  States  of  the  Indian  Homestead  Act  of  July  4,  1884, 
the  Indians  had  a right  to  go  on  the  public  domain  and  take 
up  land,  and  that  it  was  the  policy  of  the  Indian  Office  to 
encourage  them  to  do  this;  that  the  whole  tendency  of 
modern  administration  of  Indian  Affairs  is  in  the  direction 
of  breaking  up  rather  than  consolidating  the  reservation 
system.” 

In  spite  of  this  information  that  was  giv'en  to  those  cattle- 
men, seven  years  ago,  as  to  the  legal  rights  of  the  Indians  to 
be  on  the  public  domain,  they  would  not  let  the  Utes  alone. 
It  would  seem  that  there  is  a class  of  white  men  in  San 
Juan  County,  Utah,  that  ought  to  be  taught  to  respect  the 
law.  Let  the  United  States  authorities  deal  not  only  with 
them,  but  also  the  lawless  element  among  the  Utes  that 
has  caused  trouble  for  both  whites  and  Indians. 

Rev.  Sherman  Coolidge,  President  of  the  Society  of 
American  Indians,  when  in  San  Francisco  during  the  past 
summer,  met  a Ute  boy  who  was  playing  in  a band.  He  said 
to  him,  “What  you  Utes  need  is  a white  man’s  chance.” 
The  boy  replied,  “No!  Give  us  half  a chance  and  we  will 
take  care  of  the  other  half.” 

The  progressive  Utes  herein  referred  to  are  now  patiently 
waiting  to  see  if  the  United  States  Government  intends  to 
give  them  “a  white  man’s  chance.”  Surely  they  have 
proved  their  right  to  it. 


